The Partition Of The Intellectual Property Right In The Divorce Litigation

Property partition is one of the most important problems in the divorce litigation.And the partition of the intellectual property right is more complex than the partition of the visible means because it is of very great special comparing with traditional property as an invisible property. So it should cause people's more concern at today when the knowledge-based economy is developing so quickly. This text will discuss the concept, characteristic of intellectual property right systematically and the exploitation of intellectual property right. By the means of analyzing the lawmaking and construction of the partition of intellectual property right in the divorce litigation of the current marriage law and other related law systems of our country, I want to point out some blemishes existed among them, put forward the prior conditions and the principles while husband and wife have the controversy in the divorce to partition an intellectual property right, combining the characteristics of intellectual property right, and point out the necessity to perfect the system of the intellectual property right partition in the divorce litigation. And at last I just provide some constructive suggestion after a deep thought of the establishment of these systems.